Moovshack Terms of Use & Service

These terms are applicable to our website and our consumer app known as "Moovshack" and are governed by the Laws of England and Wales

If you are an estate agency these terms are not for you, but you will need the terms relating to the use of our Professional Web and Mobile apps - including "Moovshack Pro". Please read and agree to those separate Terms of Use & Service when you sign-up to the Moovshack Pro platform

1. Terms

By accessing our website and our consumer apps, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Moovshack's website, apps & services. The materials contained in Moovshack are protected by applicable copyright and trademark law

You also agree that when you use our electronic signature tools you understand and intend that the documents you are eSigning are to be legally binding and enforceable in law.

2. Use License

  1. Permission is granted to temporarily download one copy of the Moovshack App per device for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
    3. attempt to decompile or reverse engineer any software contained in Moovshack
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Moovshack Limited at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format

3. Disclaimer

  1. All materials including but not limited to tools, content and information provided by Moovshack or our partners within our apps and websites are provided in good faith for your convenience. Moovshack explicitly does not accept any liability for the performance, relevance or accuracy of these tools, for any content or information or for any consequential losses you may incur by using them. We strongly advise that you seek independent advice before making important decisions directly relating or indirectly relating to the subject matter to which these tools, content or information relate.
  2. The materials and tools within Moovshack are provided on an 'as is' basis. Moovshack Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights
  3. Furthermore, Moovshack Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or tools on its apps or website or otherwise relating to such materials or on any sites linked to Moovshack

4. Limitations

In no event shall Moovshack Limited or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Moovshack, even if Moovshack Limited or a Moovshack Limited authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you

5. Accuracy of materials

The materials appearing in Moovshack could include technical, typographical, or photographic errors. Moovshack Limited does not warrant that any of the materials or tools on our websites or in our apps are accurate, complete or current. Moovshack Limited may make changes to the materials contained in Moovshack at any time without notice. However Moovshack Limited does not make any commitment to update the materials

6. Links

Moovshack Limited has not reviewed all of the sites linked to its website or apps and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by Moovshack Limited of the site. Use of any such linked website is at the user's own risk

7. Modifications

Moovshack Limited may revise these terms of service for its websites and / or apps at any time without notice. By using Moovshack you are agreeing to be bound by the then current version of these terms of service and if you are concerned by the implications of this clause we advise you to check our Terms & Conditions on a regular basis or to cease using our products or services

8. Members obligations

While non-members and 'guests' can access Moovshack and our website, all interactive features require signup and login to be accessed and used

Our platform enables user created or sourced content such chat messages, images, documents and video to be uploaded or input into chat rooms or other areas. It is imperative that all members, whether professional (e.g. estate agents) or consumers, respect each other's rights to privacy and courtesy. No foul or abusive or discriminatory or pornographic language or material will be tolerated on our platforms and members will be immediately suspended pending further investigation if a breach of these terms is reported by another member or moderator

Moovshack accepts no liability for members' improper or illegal use of copyright or sensitive material on our platforms and we expect that all members have ensured they have the copyright holders agreement before uploading or transmitting their material via our platform

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of England & Wales and you irrevocably submit to the exclusive jurisdiction of the courts in this location

Acceptable Usage Policy

You may only use Our Apps in a manner that is lawful and that complies with the provisions of this Acceptable Usage Policy Specifically:

· You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations

· You must not use Our Apps in any way, or for any purpose, that is unlawful or fraudulent

· You must not use Our Apps to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

· You must not use Our Apps in any way, or for any purpose, that is intended to harm any person or persons in any way

The following types of User Content are not permitted on Our Apps and you must not create, submit, communicate or otherwise do anything that:

  • is sexually explicit

· is obscene, deliberately offensive, hateful, or otherwise inflammatory

  • promotes violence

· promotes or assists in any form of unlawful activity

· discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age

· is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person

  • is calculated or otherwise likely to deceive

· is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy

· misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2)

· implies any form of affiliation with Us where none exists

· infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

· is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence

We reserve the right to suspend or terminate your Account and/or your access to member services and our apps if you materially breach the provisions of this policy or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:

· Suspend, whether temporarily or permanently, your Account and/or your right to access Our Apps (for more details regarding such cancellation, please refer to sub-Clause 8.9)

· Remove any of your User Content which violates this Acceptable Usage Policy

  • Issue you with a written warning

· Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach

· Take further legal action against you as appropriate

· Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

· Any other actions which We deem reasonably appropriate (and lawful)

We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions

Privacy Policy

We are registered with the Information Commissioners Office (ICO) as a Membership Club (Commercial) - this is to ensure that our agent and consumer members can interact as freely as possible while operating withing ICO guidelines

Our registration number is: ZA288490

Your privacy is important to us. It is Moovshack Limited's policy to respect your privacy regarding any information we may collect from you via our apps, Moovshack, and its associated services

1. Information we collect

1.1 Log data

When you access our servers via Moovshack, we may automatically log the standard usage data provided by your device. This data may include your device's Internet Protocol (IP) address, your device type and version, ICO

Additionally, when you encounter certain errors while using the apps, we automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information that may have contributed to the problem

1.2 Device data

Our apps may also access and collect data via your device's in-built tools, such as:

  • Your identity
  • Location data
  • Camera
  • Microphone
  • Calendar
  • Contacts
  • Phone/SMS

· Storage, photos and/or media

  • Notifications

· Voice assistance

· Background data refresh

  • Mobile data

· Device/app history

What we collect can depend on the individual settings of your device and the permissions you grant when you install and use the apps

1.3 Personal information

To improve our services or your user experience we may ask for personal information, such as your:

  • Name
  • Email

· Social media profiles

  • Date of birth

· Phone/mobile number

· Home/Mailing address

  • Work address

· Website address

· Payment information

· Driver's licence details

· Passport number

· Tax/SSN/Medicare/etc. number

1.4 Business data

Business data refers to data that accumulates over the normal course of operation on our platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services

1.5 App usage data

We and / or our partners will collect and may share data on how you use our apps in order to improve features and their relevance to you. We will never share data on private messages or transactions. Note: our Instant Messaging (IM) platform is fully encrypted and not accessible to anyone except the connected users in a conversation.

2. Legal bases for processing

We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.

These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:

· it's necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us)

· it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests

· you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or

· we need to process your data to comply with a legal obligation

Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place)

We don't keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person

3. Collection and use of information

We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:

· for technical assessment, including to operate and improve our apps, associated applications and associated social media platforms

· to provide you with our apps and platform's core features

· to process any transactional or ongoing payments

· to enable you to access and use our apps, associated platforms and associated social media channels

· to contact and communicate with you

· for internal record keeping and administrative purposes

· for analytics, market research and business development, including to operate and improve our apps, associated applications and associated social media platforms

· to run competitions and/or offer additional benefits to you

· for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you

· to comply with our legal obligations and resolve any disputes that we may have; and

· to consider your employment application

4. Disclosure of personal information to third parties

We may disclose personal information to:

· third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators

· our employees, contractors and/or related entities

· sponsors or promoters of any competition we run

· credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you

· courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights

· third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you; and

· third parties to collect and process data

5. International transfers of personal information

The personal information we collect is stored and processed in United Kingdom, France and Ireland, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means

Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction's privacy laws

6. Your rights and controlling your personal information

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us, that you have your parent or legal guardian's permission to access and use the apps and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of our apps or the products and/or services offered on or through them

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person's consent to provide the personal information to us

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our apps or products and services

Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication

7. Cookies

Our privacy policy covers the use of cookies between your device and our servers

A cookie is a small piece of data that an app may store on your device, typically containing a unique identifier that allows the app servers to recognise your device when you use the app; information about your account, session and/or device; additional data that serves the purpose of the cookie, and any self-maintenance information about the cookie itself

We use cookies to give your device access to core features of our apps, to track app usage and performance on your device, to tailor your experience of our apps based on your preferences, and to serve advertising to your device. Any communication of cookie data between your device and our servers occurs within a secure environment

8. Business transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy

9. Limits of our policy

Our apps may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices

10. Changes to this policy

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our apps or app delivery service. Your continued use of our apps after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information

If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy

Moovshack Limited Data Controller
Marcus Allington
marcus.allington@moovshack.com

Moovshack Limited Data Protection Officer
Marcus Allington
marcus.allington@moovshack.com

This policy is effective as of 20/5/2020